Website Terms & Conditions of Use

Website Terms and Conditions of Use

Agreement between user and www.myfp50trainer.com

Welcome to www.myfp50trainer.com. The www.myfp50trainer.com website (the “Site”) is comprised of various web pages operated by Beverly Figueroa – FP50 Trainer (“FP50”). www.myfp50trainer.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.myfp50trainer.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.myfp50trainer.com is an E-commerce Site

Website allows visitors to book and pay for Personal Training and Group Fitness Sessions. It also offers a monthly membership to obtain more specialized services, such as workout programs, fitness handouts, newsletter subscription, sign up forms and access to an offsite Virtual Personal Trainer account.

Privacy

Your use of www.myfp50trainer.com is subject to FP50’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.myfp50trainer.com or sending emails to FP50 constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FP50 is not responsible for third party access to your account that results from theft or misappropriation of your account.

FP50 and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

FP50 does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.myfp50trainer.com only with permission of a parent or guardian.

Cancellation Policy

LATE CANCELLATIONS/MISSED SESSIONS : We have a 24-hour notice cancellation policy. Appointments cancelled with fewer than 24 hours notice policy will still be charged. Failure to contact trainer by email at contact@myfp50trainer.com or telephone at 347-573-1238 will result in loss of session and will be considered charged.

Any cancellation within 24 hours will be considered a LATE CANCELLATION [LC]. For per session and package purchases, LC sessions can be rescheduled up until the expiry period [See Package Expiration and Refund Policy below]. However, due to monthly session quantity parameters within membership contracts, it is unfair to allow such concessions. Therefore, LC’s under membership cannot be rescheduled.

CANCELLATION OF Membership Subscription Services: Send an email to cancel@myfp50trainer.com with the following subject line: Cancel Membership Account # and Type [insert your order/invoice number here and Type of Membership]. We’ll respond as soon as possible to confirm the account cancellation via email. Please note that cancellations via email may take up to three days from receipt of your request to process. Once your cancellation has been processed, you will not be billed again. Also note that you will be allowed access to your Virtual Personal Training Account for 30 days after membership subscription services are cancelled. Account details are generally archived for up to 3 months. Accounts remaining inactive after that period, may be subject to being purged from the system. A refund of your subscription fee will be pro-rated based on the date your cancellation was submitted. Please allow up to two weeks for refunds to appear on the credit card used to pay your subscription. If you have any problems cancelling your subscription, please contact Beverly Figueroa at 347-573-1238 or cancel@myfp50trainer.com.

ABOUT MEMBERSHIP SUBSCRIPTION SERVICE

Membership Tiers

**MyFP50 Tier I (VPT BASIC) $350 for 3 Months (ONLINE)**

4 30-Minute per month via Skype, Facetime, Zoom or other comparable online platform.
Access to secure, personalized Virtual Personal Training account
FREE fitness assessments
Customized workouts for you to do on your own.
Sync Fitbit to your Trainerize account!

**MyFP50 Tier II (VPT Plus) $450 for 3 Months (ONLINE)**

8 30-Minute or up to 10 1-Hour Online Personal Training Sessions per month via Skype, Facetime, Zoom or other comparable online platform.
Access to secure, personalized Virtual Personal Training account
FREE fitness assessments
Customized workouts for you to do on your own.
Sync Fitbit to your Trainerize account!

**MyFP50 Tier III (VPT plus PT) $550 for 3 Months (ONLINE and/or IN-PERSON)**

Up to 10 30-Minute Online Training sessions or up to 12 60-Minute Online OR IN-Person Personal Training Sessions per month via Skype, Facetime, Zoom or other comparable online platform.
Access to secure, personalized Virtual Personal Training account
FREE fitness assessments
Customized workouts for you to do on your own.
Sync Fitbit to your Trainerize account!

**MyFP50 Tier IV Traveler’s MONTHLY SUBSCRIPTION (VIP All-In-One) $300 PER MONTH (ONLINE and/or IN-PERSON)**

More than 12 60-Minute Online OR IN-Person Personal Training Sessions per month via Skype, Facetime, Zoom or other comparable online platform.
Access to secure, personalized Virtual Personal Training account.
FREE fitness assessments
Customized workouts for you to do on your own.
Sync Fitbit to your Trainerize account!
MONTHLY BILLING

**MyFP50 Tier V Online MONTHLY SUBSCRIPTION $200 PER MONTH (ONLINE)**

More than 12 30-Minute OR 60-Minute Online Training Sessions per month via Skype, Facetime, Zoom or other comparable online platform.
Access to secure, personalized Virtual Personal Training account
FREE fitness assessments
Customized workouts for you to do on your own.
Sync Fitbit to your Trainerize account!
MONTHLY BILLING

Important Notes about membership:

Online and In-Person Training session times/days of each Session are as scheduled with your trainer. You cannot carry over unused sessions from month to month. Any sessions not used from one month to the next are automatically forfeited. Cancellation policy is applicable.
Members must sign a Membership Agreement, which stipulates all conditions of membership, as agreed to on date of purchase. By signing the membership agreement, member acknowledges and understands that Website Terms & Conditions apply. Member signature also indicates agreement to the terms of the “ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT. All new In-Person clients/members must fill out separate pre-participation forms, including but not limited to the PAR-Q, Health History Questionnaire, Waiver and Release Form, etc.
Special promotions or discounts may be offered from time to time, which will be redeemable only by entering a special ‘discount code’ during the registration.
Subscription renewal is recurring, until cancelled. Subscriber can opt-out of recurring membership at time of purchase. Refer to Membership Registration page for details.
Certain membership tiers may not be available year-round due to incremental weather. Check with trainer for availability before committing to membership.

PERSONAL TRAINING PACKAGES

Package Expiration and Refund Policy: Personal Training and Private Studio Group Fitness packages and special promotions must be completed by the end of the negotiable expiration of the training package. All personal training and Private Studio Group Fitness and Online training packages expire six (6) months from the date of purchase. All packages are non-refundable/non-transferable, except where expressly notated.

Links to third party sites/Third party services

www.myfp50trainer.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of FP50 and FP50 is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FP50 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FP50 of the site or any association with its operators.

Certain services made available via www.myfp50trainer.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.myfp50trainer.com domain, you hereby acknowledge and consent that FP50 may share such information and data with any third party with whom FP50 has a contractual relationship to provide the requested product, service or functionality on behalf of www.myfp50trainer.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.myfp50trainer.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to FP50 that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of FP50 or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. FP50 content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of FP50 and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FP50 or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your FP50 account to third party accounts. By connecting your FP50 account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by FP50 from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FP50 Content accessed through www.myfp50trainer.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless FP50, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FP50 reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FP50 in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BEVERLY FIGUEROA – FP50 TRAINER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

BEVERLY FIGUEROA – FP50 TRAINER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,

SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BEVERLY FIGUEROA – FP50 TRAINER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEVERLY FIGUEROA – FP50 TRAINER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BEVERLY FIGUEROA – FP50 TRAINER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

FP50 reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and FP50 as a result of this agreement or use of the Site. FP50’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FP50’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by FP50 with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FP50 with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FP50 with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

FP50 reserves the right, in its sole discretion, to change the Terms under which www.myfp50trainer.com is offered. The most current version of the Terms will supersede all previous versions. FP50 encourages you to periodically review the Terms to stay informed of our updates. Date of latest update will be indicated at the bottom.

Contact Us

FP50 welcomes your questions or comments regarding the Terms:

Beverly Figueroa – MyFP50 Trainer

338 Palisade Ave, Suite 238

Jersey City, New Jersey 07307

Email Address: contact@myfp50trainer.com

Telephone number: 347-573-1238

Last updated August 9, 2020